EXPLANATORY STATEMENT
This Bill seeks to introduce new and better provisions for the administration of the religion of Islam, the constitution and jurisdiction of the Syariah Courts and the establishment and functions of the Majlis Agama Islam Wilayah Persekutuan in the Federal Territories, and for matters related thereto. This Bill repeals the Administration of Islamic Law (Federal Territories) Act 1993 [Act 505].
PART I
2. Part I of the Bill contains preliminary matters.
3. Clause 1 contains the short title, application and the date of commencement of the proposed Act whilst clause 2 contains the definitions of several words and expressions used in the Bill. Clause 3 reiterates that the rights and powers of the Yang di-Pertuan Agong as the Head of the Religion of Islam in the Federal Territories are preserved.
PART II
4. Part II contains provisions on the Majlis Agama Islam Wilayah Persekutuan (“Majlis”).
5. Clause 4 establishes the Majlis while clause 5 incorporates it.
6. Clause 6 provides that the Majlis is responsible for aiding and advising the Yang di-Pertuan Agong.
7. Clause 7 requires the Majlis to be involved in the economic and social development and wellbeing of the Muslim community. For that purpose, clause 8 gives powers to the Majlis to establish companies and validates companies that have been established by the Majlis under the Companies Act 1965. Clause 9 deals with the powers of the Majlis to borrow for the purpose of performing its functions.
8. Clauses 10 to 13 contain provisions relating to the membership of the Majlis, termination of appointment, revocation of appointment and publication of appointments and termination and revocation of appointments in the Gazette.
9. Clauses 14 and 15 set out the responsibilities of the Chairman and Secretary of the Majlis, respectively.
10. Clauses 16 to 23 deal with matters relating to meetings, minutes of meetings and resolutions of the Majlis.
11. Clause 24 deals with the leave of the Chairman and members of the Majlis.
12. Clause 25 allows the Chairman to act in cases of urgency.
13. Clause 26 allows the Majlis to appoint committees. Clause 27 empowers the Majlis to delegate its powers and responsibilities to the Chairman, the Secretary and its committees.
14. Clause 28 provides for the appointment of a Chief Executive Officer on such terms and conditions as the Majlis thinks desirable.
15. Clause 29 provides for the appointment of officers and servants of the Majlis and conditions of service.
16. Clauses 30, 31 and 32 require the proceedings of the Majlis to be kept confidential, deem the members and officers of the Majlis to be public servants within the meaning of the Penal Code and permit the Majlis to determine its own procedure, respectively.
PART III
17. Part III contains provisions on the appointment of the Mufti, Deputy Mufti, Fatwa Committee and fatwa relating to matters of national interest. 18. Clause 33 provides for the appointment of the Mufti and Deputy Mufti whilst clause 34 spells out the functions of the Mufti.
19. Clause 35 deals with the establishment of the Fatwa Committee. Clauses 36 to 41 contain provisions relating to the making of a fatwa including fatwa affecting matters of national interest. Clause 42 relates to request for the opinion of the Fatwa Committee by the courts other than the Syariah Courts whilst clause 43 prescribes the authorities to be followed in making a fatwa.
PART IV
20. Part IV provides for matters relating to the Syariah Courts and Syariah Appeal Court.
21. Clause 44 contains provisions on the establishment of the Syariah Subordinate Courts, Syariah High Courts and Syariah Appeal Court. Clauses 45 to 50 provide for the appointment of the Chief Syariah Judge, Judges of the Syariah Appeal Court, Judges of the Syariah High Court and Judges of the Syariah Subordinate Court, Chief Registrar, Registrars, Deputy Registrars and Assistant Registrars. Clauses 51 to 58 set out the extent of the jurisdiction of such Courts.
22. Clauses 59 to 61 prescribe the procedure for appeals to the Syariah Appeal Court.
23. Clause 62 provides that trials shall be held in open court whilst clause 63 requires the proceedings in the Syariah Courts to be conducted in the national language.
24. Clause 64 contains provisions relating to the reciprocal execution of warrants and service of summons between the Federal Territories and States.
25. Clause 65 provides for the protection of Judges and Court officials. 26. Clause 66 contains provisions on the establishment of a Rules Committee of the Syariah Courts.
27. Clause 67 authorizes the Chairman of the Syariah Appeal Court to give any Practice Directions from time to time.
PART V
28. Part V contains provisions relating to prosecution and representation. 29. Clauses 68 and 69 contain provisions on the appointment of the Chief Syariah Prosecutor, Syariah Prosecutors, Chief Religious Enforcement Officer and Religious Enforcement Officer.
30. Clause 70 provides for matters relating to Peguam Syarie. PART VI
31. Part VI contains financial provisions.
32. Clause 71 deals with the establishment and matters relating to the administration of the Baitulmal. Clause 72 provides for matters relating to the preparation of estimates of income and expenditure of the Majlis. Clause 73 deals with the expenses of the Majlis whilst clause 74 allows the Majlis to operate a bank account. Clause 75 provides that the Statutory Bodies (Accounts and Annual Reports) Act 1980 applies to the Majlis.
33. Clauses 76 to 78 empower the Majlis to collect and distribute zakat and fitrah, to make regulations and consider appeals from any person against a claim for payment of zakat and fitrah on him.
34. Clause 79 provides that the Majlis shall be the sole trustee of all wakaf, nazar and trusts, whilst clauses 80 to 85 contain provisions relating to the administration of charitable trusts, wakaf and nazar.
35. Clause 86 contains provisions relating to charitable collections. PART VII
36. Part VII contains provisions relating to mosques.
37. Clause 87 provides that the Majlis shall be the sole trustee of all mosques.
39. Clauses 89 and 90 provide the terms for establishment of mosques, the determination of the boundaries of a kariah masjid and maintenance of mosques by the Majlis.
40. Clauses 91 to 94 contain provisions relating to appointments, tauliah and tenure of office of Pegawai Masjid.
41. Clause 95 empowers the Majlis to make regulations with respect to Jawatankuasa Kariah.
42. Clause 96 allows the Majlis to exempt any mosque from the provisions of Part VII.
PART VIII
43. Part VIII contains provisions on conversion to the religion of Islam. 44. Clauses 97 and 98 determine the requirements for conversion to the religion of Islam and the moment of conversion whilst Clause 99 deals with the duties and obligations of a mualaf.
45. Clauses 100 to 104 provide for the appointment of the Chief Registrar of Mualafs and Registrars of Mualafs, registration of mualafs, Certificates of Conversion to the religion of Islam, recognition of mualafs and method of determining whether a non-registered person is a mualaf.
46. Clause 105 makes the act of giving false information or evidence during the process of registration of a mualaf an offence.
47. Clause 106 empowers the Majlis to make regulations.
48. Clause 107 relates to the capacity to convert to the religion of Islam.
PART IX
49. Part IX contains provisions on Islamic religious education and the offence of teaching the religion of Islam without tauliah.
50. Clause 108 deals with the establishment of the Islamic Religious Teaching Supervisory Committee, its membership and functions. Clause 109 makes it an offence to teach the religion of Islam or any aspect of the religion of Islam without tauliah.
51. Clause 110 confers on the Majlis the power to register religious schools.
52. Clause 111 enables the Majlis to grant exemptions to any person from the application of the provisions of Part IX.
PART X